A. Except as provided in this Article and Article 313, a person in custody who is
charged with the commission of an offense is entitled to bail before conviction.

B. A person released on a previously posted bail undertaking for (1) a crime of
violence as defined by R.S. 14:2(B) which carries a minimum mandatory sentence of
imprisonment upon conviction or (2) the production, manufacture, distribution, or dispensing
or possession with intent to produce, manufacture, distribute, or dispense a controlled
dangerous substance as defined by the Louisiana Uniform Controlled Dangerous Substances
Law, shall not be readmitted to bail when the person previously failed to appear and a
warrant for arrest was issued and not recalled or the previous bail undertaking has been
revoked or forfeited. If a person voluntarily appears without confinement by a law
enforcement officer or bail recovery agent following a motion to revoke bail or issuance of
an arrest warrant for failure to appear but prior to revocation or forfeiture, then he may be
released only under one of the following circumstances:

(1) After a contradictory hearing, a person may be released on the previously posted
bail undertaking if the motion to revoke bail is rescinded or the arrest warrant is recalled and
the surety is present or represented at the hearing and gives written consent. Previous
instances of revocation and forfeiture in unrelated cases are admissible at the hearing. This
relief is available only once.

(2) A person may be released on a new bail undertaking without a contradictory
hearing only on bail with a commercial surety and in an amount higher than the original bail.

C. A defendant who has been surrendered under the provisions of Article 331, or has
been rearrested under the provisions of Article 332, is entitled to bail in accordance with this
Code.

D. A convicted person shall be remanded to jail to await sentence unless any of the
following occur:

(1) He is allowed to remain free on a bail undertaking posted prior to conviction by
operation of Article 331(A), and the bail previously fixed is in accordance with all of the
applicable provisions of this Article.

(2) He is released by virtue of a bail undertaking posted after conviction, and the bail
was fixed in accordance with this Article.

E. After conviction and before sentence, bail shall be allowed if the maximum
sentence which may be imposed is imprisonment for five years or less. Bail may be allowed
pending sentence if the maximum sentence which may be imposed is imprisonment
exceeding five years, except when the court has reason to believe, based on competent
evidence, that the release of the person convicted will pose a danger to any other person or
the community, or that there is a substantial risk that the person convicted might flee.

F. After sentence and until final judgment, bail shall be allowed if a sentence of five
years or less is actually imposed. Bail may be allowed after sentence and until final
judgment if the sentence actually imposed exceeds imprisonment for five years, except when
the court has reason to believe, based on competent evidence, that the release of the person
convicted will pose a danger to any other person or the community, or that there is a
substantial risk that the person convicted might flee.

G.(1) After conviction of a capital offense, a defendant shall not be allowed bail.

(2)(a) After conviction of any crime punishable by imprisonment for twenty-five
years or more that is both a sex offense and a crime of violence, there shall be a rebuttable
presumption that the release of the person convicted will pose a danger to another person or
the community and that there is a substantial risk that the person convicted might flee.

(b) For purposes of this Paragraph:

(i) "Crime of violence" means any offense defined or enumerated as a crime of
violence in R.S. 14:2(B).

H. A person held without bail or unable to post bail may invoke the supervisory
jurisdiction of the court of appeal on a claim that the trial court has improperly refused bail
or a reduction of bail in a bailable case.